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(영문) 서울중앙지방법원 2015.09.17 2015노2026
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the fact-finding and misunderstanding of legal principles have a strong character as a public interest to protect the rights and interests of sexual minorities and consumers, the illegality should be avoided as a statement of true facts for the public interest purpose.

B. In consideration of the various circumstances of unreasonable sentencing, the sentence of the lower court (fine of three million won) is too unreasonable.

2. Determination

A. Examining the reasoning of the judgment below in light of the records of this case, there was no purpose of slandering the defendant on the ground that the defendant's purpose of slandering the victim was recognized.

The lower court’s finding and determination of facts that rejected the allegation that illegality is unfair as a statement of facts for public interest or as a statement of facts is justifiable is acceptable, and there is no erroneous determination of facts or misapprehension of the legal doctrine.

B. There is no change in the overall circumstances that form various conditions for sentencing as indicated in the records, including the Defendant’s age, character and conduct, environment, contents of the crime, degree of damage, circumstances after the crime, and degree of reflectability, as well as other circumstances that may be considered in light of the circumstances and motive leading to the allegation of unfair sentencing. In full view of all the above circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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